Rahamat Dhali v. State Of West Bengal

C.R.M. (DB) 463 of 2022 17.02.2022 Sl. 36 Court No.29 sourav (Rejected) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 14.02.2022 in connection with Dholahat P.S. Case No. 371 of 2016 dated 03.09.2016 under Sections 363/366A/365 of the Indian Penal Code. And In the matter of: Rahamat Dhali ....petitioner.

Mr. Sandip Kumar Mondal ...for the petitioner.

Mr. Rudradipta Nandy ...for the State.

Petitioner seeks bail.

Learned advocate appearing for the petitioner submits that the police filed charge-sheet and further detention of the petitioner is not required. He submits that there was delay of at least one and half year in lodging the First Information Report. That apart, the victim recorded her statement under Section 164 of the Criminal Procedure Code two years after her return. According to him the victim thereafter married a different person. The police did not investigate the angle with regard to the incident of Delhi as claimed in the statement of the victim recorded under Section 164 of the Criminal Procedure Code. Learned Advocate appearing for the State submits that the petitioner and the father of the victim entered into an arrangement whereby, the father of the victim was to receive monthly payment for a job to be done by the victim.

Initially the petitioner used to pay the father of the victim monthly. Thereafter the petitioner stopped paying. Consequent upon the stoppage of payment, the father of the victim started looking out for her daughter. The father of the victim thereafter lodged the police complaint. Victim was subsequently recovered.

victim thereafter recorded the statement under Section 164 of the Criminal Procedure Code.

Considering the gravity of the offence and the involvement of the petitioner therein, we are unable to grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner is rejected.

C.R.M. (DB) 463 of 2022 is dismissed.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)